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INDIAN POLITY > 16.Article 19, 20 and 21 > Flashcards

16.Article 19, 20 and 21 Flashcards

1
Q

Where in the Indian Constitution is the right to equality mentioned?

A

The right to equality is mentioned from Article 14 to 18 in the Indian Constitution.

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2
Q

What does the right to equality in the Indian Constitution encompass?

A

The right to equality in the Indian Constitution encompasses provisions for equality, non-discrimination, abolition of untouchability, and abolition of titles, among others.

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3
Q

How did the US derive the right to equality?

A

The US derived the right to equality from the declaration of rights and the bill of rights through the fourteenth amendment in the year 1868.

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4
Q

Which amendment in the US Constitution is associated with the right to equality?

A

The right to equality in the US Constitution is associated with the fourteenth amendment.

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5
Q

What is the source of rights to equality in the USA?

A

The rights to equality in the USA came through the declaration of rights and, most importantly, from the Bill of Rights. They were further strengthened by the Fourteenth Amendment in 1868.

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6
Q

How does the USA ensure equal treatment under equal circumstances?

A

The USA follows the principle of equal protection of law, which means ensuring equal treatment under equal circumstances.

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7
Q

What type of equality does the USA emphasize?

A

The USA emphasizes civil and legal equality.

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8
Q

What is the focus of equality in the USA?

A

The American Constitution focuses on equality of opportunity in a procedural sense.

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9
Q

Did the original US constitution prevent discrimination?

A

No, the original US constitution did not prevent discrimination. For example, segregation against African-Americans was allowed.

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10
Q

What is the status of slavery abolition in the USA constitution?

A

The USA constitution mentions the abolition of slavery.

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11
Q

Which articles in the Indian constitution relate to the right to equality?

A

Articles 14, 15, 16, 17, and 18 in the Indian constitution pertain to the right to equality.

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12
Q

What models of equality does India follow?

A

India follows both the British model of equality before law and the American model of equal protection of law, as stated in Article 14.

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13
Q

What types of equality does the Indian constitution provide?

A

The Indian constitution provides for civil-legal and socio-economic equality.

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14
Q

How does the Indian constitution view equality?

A

The Indian constitution emphasizes substantive equality, which includes both opportunity and outcome-based equality.

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15
Q

What does the Indian constitution abolish since its inception?

A

The Indian constitution abolishes untouchability since its inception and adoption, as specified in Articles 15 and 17.

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16
Q

Is slavery mentioned in the Indian constitution?

A

No, slavery is not mentioned in the Indian constitution.

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17
Q

What is the difference between freedom and liberty?

A

Freedom refers to being free from everything and having no restrictions, while liberty implies having certain reasonable restrictions.

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18
Q

What are the rights protected under Article 19 of the Indian Constitution?

A

Article 19 protects several rights related to freedom:

*Freedom of speech and expression (Article 19(1)(a))
*Freedom to assemble peacefully and without arms (Article 19(1)(b))
*Right to form associations or unions or cooperative societies (Article 19(1)(c))
*Right to move freely throughout the territory of India (Article 19(1)(d))
*Right to reside and settle in any part of the territory of India (Article 19(1)(e))
*Right to practice any profession or to carry on any occupation, trade, or business (Article 19(1)(g))

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19
Q

What does the term “freedom of speech” encompass under Article 19(1)(a)?

A

The term “freedom of speech” encompasses the right to speak, express oneself through media and social media, the right not to speak, and the right to access information.

20
Q

Does freedom of speech include the right to the media?

A

Yes, freedom of speech includes the right to the media, including the right to publish newspapers.

21
Q

What did the Bijoe Emmanuel case in 1986 establish?

A

The Bijoe Emmanuel case established that the right not to speak is also a fundamental right under freedom of speech.

22
Q

What is the significance of freedom of the press under Article 19(1)(a)?

A

Freedom of the press is a fundamental right protected under Article 19(1)(a) and plays a crucial role as the fourth pillar of democracy.

23
Q

Can the government impose restrictions on the number of pages in newspapers?

A

No, the government cannot impose restrictions on the number of pages in newspapers, as established in the Indian Express case in 1975.

24
Q

Which case recognized the press as the fourth pillar of democracy?

A

The Sakal Papers Ltd., And Others vs The Union of India (1967) case recognized the press as the fourth pillar of democracy.

25
Q

What are the grounds for restricting freedom of speech and expression under Article 19(2)?

A

The grounds for restricting freedom of speech and expression are:
*Security of state
*Friendly relations with foreign states
*Public order
*Decency or morality
*Contempt of court
*Sovereignty and integrity of the country
*Defamation
*Incitement to offense

26
Q

What are the grounds for imposing restrictions on freedom of assembly under Article 19(3)?

A

The grounds for imposing restrictions on freedom of assembly are:

*Sovereignty and integrity of India
*Public order

27
Q

Are the right to strike and bandh considered fundamental rights?

A

No, the right to strike and bandh are not considered fundamental rights.

28
Q

What are the grounds for restricting the freedom to form associations or unions under Article 19(4)?

A

The grounds for restricting the freedom to form associations or unions are:

*Sovereignty and integrity of India
*Public order
*Morality

29
Q

What are the grounds for restricting the right to move and settle under Article 19(5)?

A

The grounds for restricting the right to move and settle are:

*Interest of the general public
*Interest of Scheduled tribes, as observed in the Inner Line Permit system in the northeast region of India.

30
Q

Which states in the northeast have the Inner Line Permit (ILP) system in force?

A

The Inner Line Permit (ILP) system is in force in four northeastern states: Arunachal Pradesh, Nagaland, Mizoram, and Manipur.

31
Q

What is the provision under Article 19(6) regarding freedom of trade and profession?

A

Under Article 19(6), all citizens have the right to carry on any trade or profession, except if it is illegal or immoral. The state can make laws related to technical or professional qualifications required for practicing the trade or profession.

32
Q

What is the requirement for carrying out a trade or profession under Article 19(1)(g)?

A

To carry out a trade or profession, it must be legal, and in some cases, a license from a government organization may be required.

33
Q

What is the standard for imposing restrictions under Article 19(2)?

A

The restrictions imposed under Article 19(2) must be ‘reasonable’ in nature. This means that they should be in the interest of public order, morality, or the sovereignty and integrity of India.

34
Q

What is the Chilling Effect Doctrine in relation to Article 19(1)(a)?

A

The Chilling Effect Doctrine refers to situations where the government tries to restrict the right to freedom of speech and expression without any valid reason. It creates a climate of self-censorship and inhibits individuals from exercising their right to free speech.

35
Q

Can you provide examples of cases related to the Chilling Effect Doctrine?

A

Some examples of cases related to the Chilling Effect Doctrine are the misuse of Section 499, Section 124(A), and Section 66A of the IT Act. The Shreya Singhal case also dealt with the chilling effect caused by Section 66A, which was subsequently struck down by the Supreme Court of India.

36
Q

What is the right provided under Article 19(1)(a)?

A

The right provided under Article 19(1)(a) is the freedom of speech and expression.

37
Q

What is the restriction on the right to freedom of speech and expression?

A

The restriction on the right to freedom of speech and expression is governed by Article 19(2).

38
Q

What does Article 19(1)(b) guarantee?

A

Article 19(1)(b) guarantees the freedom to assemble peacefully and without arms.

39
Q

What is the restriction on the right to assemble peacefully?

A

The restriction on the right to assemble peacefully is governed by Article 19(3).

40
Q

Which right is protected under Article 19(1)(c)?

A

Article 19(1)(c) protects the right to form associations or unions or cooperative societies.

41
Q

What are the restrictions on the right to form associations or unions?

A

The restrictions on the right to form associations or unions are governed by Article 19(4).

42
Q

Which rights are protected under Article 19(1)(d) and (e)?

A

Article 19(1)(d) and (e) protect the rights to move freely, reside, and settle in any part of the territory of India.

43
Q

What are the restrictions on the rights to move freely and reside in India?

A

The restrictions on the rights to move freely and reside in India are governed by Article 19(5).

44
Q

What is the right provided under Article 19(1)(g)?

A

The right provided under Article 19(1)(g) is the right to practice any profession, or to carry on any occupation, trade, or business.

45
Q

Are there any restrictions on the right to practice a profession or carry on a trade or business?

A

Yes, the restrictions on the right to practice a profession or carry on a trade or business are governed by Article 19(6).

INDIAN POLITY (40 decks)

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